Hayes v. Colby
Supreme Court of New Hampshire
Assumpsit, for cigars. Facts found by the court. About December 8,1887, R. A. St. Clair, agent for the plaintiff, who deals in cigars and resides in Lowell, called on the defendant at his hotel in Sunapee and solicited trade. He had authority only to take orders for cigars, none to receive payment in money or otherwise.
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Assumpsit, for cigars. Facts found by the court. About December 8,1887, R. A. St. Clair, agent for the plaintiff, who deals in cigars and resides in Lowell, called on the defendant at his hotel in Sunapee and solicited trade. He had authority only to take orders for cigars, none to receive payment in money or otherwise. The defendant knew that he was the plaintiff’s agent, but did not know the extent or limit of his authority, or that he was not authorized to receive payment. The defendant delivered to St. Clair $35 worth of hosiery, for which St. Clair agreed that the plaintiff should send…
1Opinion of the CourtClark, J.
The defendant knew that he was dealing with an agent, but did not know the extent of his authority. There is no evidence of previous dealings or holding out by the plaintiff, or of any facts that would lead the defendant to believe that the agent’s authority exceeded that ordinarily incident to the business of a soliciting agent to take orders for goods to be afterwards delivered by the plaintiff. The agent did not have the goods in his possession, and no circumstances are shown that would indicate that he was authorized to receive payment for goods which he could not deliver. And if the…
2Cases cited5 opinions
- Morse v. WhitcherSupreme Court of New Hampshire · 1888
- Merrill v. PerkinsSupreme Court of New Hampshire · 1879
- Peaslee v. DudleySupreme Court of New Hampshire · 1884
- Gould v. BlodgettSupreme Court of New Hampshire · 1881
- Taylor & Farley Organ Co. v. StarkeySupreme Court of New Hampshire · 1879
3Cited by5 opinions
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- Great American Indemnity Co. v. RichardSupreme Court of New Hampshire · 1939